2009 In-Season Boat Storage Agreement Name: ___________________________________________________________________________________ USRowing Membership Number: _____________________________________________________________ Note: If you are a member of a sweep program for 2009, you do not need to complete the remaining fields on page one, as we have them on file from your sweep program membership application. Address: _________________________________________________________________________________ Home Phone: ____________________ Cell: ____________________ Work: _____________________ E-mail: _____________________________________________________ Birthdate: __________________ Sex: Male / Female Swimmer: Yes / No Rowing Experience: Yes / No Emergency Contact Name: _____________________________________ Phone: ____________________ Reasons you want to row: ___________________________________________________________________ Do you have any medical conditions that would interfere with rowing: Yes / No If yes, please describe: ______________________________________________________________________ If you were referred by a PLRA member, what is their name: _______________________________________ If another member of your family is a PLRA member, what is their name: _____________________________ Where did you learn about PLRA (e.g. newspaper, internet, calendar): ________________________________ Do you give permission to add your name to our member's only directory: Yes / No In-Season Boat Storage begins on the date of this agreement or April 15, 2009 (whichever is later) and runs through November 15, 2009 Fees are per boat for one or two person rowing shells and are charged annually. Outdoor rack space priority is given first to those who stored their boats the previous year, second based on sweep membership status (twosession, one-session, then non-sweep), third on a first-come, first-served basis. A two-session sweep member will receive free outdoor storage at Craftsmen Park, a one-session sweep members will be charged $150 and a non-sweep members will be charged $200. Paying for private boat storage includes Dock Access privileges. Dock Access: Any member of the Spring, Fall or Student Sweep Program may use the PLRA dock for launching of their private boats during the time of that program for free. If rowers are rowing exclusively during the times of regularly scheduled PLRA practices and follow instructions from the safety launch, their activities are viewed as club activities and therefore individual membership in USRowing is not required, but it is still recommended. If rowers row at times other than regularly scheduled PLRA practices, then individual membership in USRowing is required. Please check the boat storage option that applies to you: Non-Sweep Member ........................................................................................................................ $200 One-Session Sweep Member ........................................................................................................... $150 Full-Year Sweep Member ................................................................................................................. Free
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This agreement entered into this ____ day of _____________ 2009, by and between the Portage Lakes Rowing Association (hereinafter “PLRA”) and _______________________________________ (hereinafter “User”). WITNESSETH THAT: PLRA, in consideration of the fee hereinafter set forth and the mutual covenants and terms contained in this agreement, does hereby grant to User the use of a Boat Storage Facility hereinafter described during the term of this agreement. 1. Term of Agreement: During the period from the date of this of this agreement or April 15, 2009 (whichever is later) through November 15, 2009, User shall have access to and use of the below-described Boat Storage Facility. User’s boat(s) shall be removed from the facility within 5 (five) days after the termination date, unless alternate arrangements have been made prior to this date by mutual agreement of User and PLRA. 2. Payment: User shall pay to PLRA, as fee for the above, the fees detailed on page one of this agreement 3. Description of User’s Boat(s): User’s boat(s) is (are) more specifically described as follows: Manufacturer: ____________________ Year: _____________________ Model: _____________________ Hull ID: _________________________ Length: ___________________ Color: ______________________ User is responsible for notifying PLRA of changes to the above description during the term of this agreement. 4. Description of Boat Storage Facility: The Boat Storage Facility consists of the boathouse and outdoor boatyard located at Craftsmen Park in New Franklin, OH. PLRA will allocate the User a specific storage location (i.e. rack) for the User’s boat(s). The specific storage location may be changed by the PLRA during the term of this agreement. At the start of the term of this agreement, the specific storage location allocated to the User is: _______________________________________________________________________________. 5. Assignment: User shall not assign the storage space above without the prior written consent of the PLRA. If User sells their boat(s) or in any other way transfers ownership, then User must immediately notify PLRA. The storage space assigned in this agreement is not transferable. 6. Compliance with Laws and Regulations: User shall comply with all applicable laws, ordinances and regulations of the State of Ohio, Summit County, the City of New Franklin, PLRA and Craftsmen Park with regard to the storage and use of the User’s boat(s) at the storage facility. 7. Holding Over: In the event that User holds over after the termination of this agreement the continued occupancy of the space by the User shall be construed as a tenancy at sufferance at the rental herein specified, subject to cancellation by PLRA and subject to changes in the rental, terms and conditions upon written notice by PLRA to the User. 8. Cancellation: PLRA reserves the right to cancel this agreement upon written notification. User shall immediately remove boat(s) from the storage facility within five (5) days of the date of PLRA’s written notice of cancellation. Upon failure to comply with the terms of this agreement or any applicable laws, ordinances or regulations, the User shall pay to PLRA, prior to the removal of User’s boat(s), the sum of five dollars ($5) per day per boat as liquidated damages. In no event will the User be allowed to make use of the storage facilities subsequent to the date of cancellation except to remove the boat(s) from the premises. 9. Indemnification: USER HEREBY RELEASES, discharges, and covenants not to sue PLRA, Craftsmen Park, their administrators, directors, agents, officers, volunteers and employees, (each considered one of the Releasees herein) from all liability, claims, demands, losses or damages on User’s account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, in regard to PLRA and Craftsmen Park’s roles and responsibilities as provider and manager, respectively, of the Rowing Facilities at Craftsmen Park; and User further agrees that if, despite this release and indemnity agreement, User, or anyone on User’s behalf, makes a claim against any of the Releasees, in regard to their roles as provider and manager, USER WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as a result of such claim.
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10. Property damage: All property stored within, on or about the premises by User shall be at User’s sole risk. PLRA , Craftsmen Park, their administrators, directors, agents, officers, volunteers and employees shall not be liable to User for any damage to, or loss of, any property while at the premises, arising from any cause whatsoever including, but not limited to: fire, theft, vandalism, water damage, mysterious disappearance, rodents, acts of god, or the active or passive acts of omissions or negligence of PLRA, Craftsmen Park, their administrators, directors, agents, officers, volunteers or employees. Agents specifically include other persons or organizations who are acting at the direction of or in coordination with PLRA. 11. Damage Caused by User: User is responsible for any damage they may cause to any property including, but not limited to rowing shells owned by PLRA or other individuals, boats racks, dock, boathouse regardless of the cause of those damages. 12. Property Insurance: Neither PLRA nor Craftsmen Park carry insurance for any loss whatsoever that User may have. User must obtain any insurance desired at their own expense. PLRA strongly recommends that User secure their own insurance to protect User and User’s property against all perils. 13. Liability Insurance: User must be a Full Privilege Member of USRowing for the duration of this agreement or it will be terminated immediately. Full Privilege USRowing Membership includes insurance coverage for liability and excess accident medical, please refer to usrowing.org for details. 14. Hazardous Conditions: User AGREES AND WARRANTS that User will examine and inspect each Activity in which User takes part at the PLRA Facilities and that, if User observes any condition which User considers to be unacceptably hazardous or dangerous, User will notify the proper authority and will cease to take part in the Activity until the condition has been corrected to User’s satisfaction. Activities include, by way of example and not limitation, handling and storing boats, maintenance and cleanup work, and rowing itself. Hazardous conditions include, but are not limited to, equipment and facilities that have been damaged or made unsafe by vandalism, high water, improper use, normal wear, or inadequate maintenance, and the actions of other persons such as throwing of objects from bridges. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. IN WITNESS THEREOF PLRA and User, by their duly authorized agents have executed this agreement on the date first herein above written. Portage Lakes Rowing Association Printed Name and Title: _____________________________________________________________________ Signature: _____________________________________________________________ Date: _____________ User Printed Name: _____________________________________________________________________________ Signature: (only if age 18 or older) _________________________________________ Date: _____________
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Release of Liability / Affirmation of Swimming Ability IN CONSIDERATION of being given the opportunity to participate in any Portage Lakes Rowing Association (“PLRA”) activities (“Activity”), including PLRA practices, workouts, regattas and other PLRA activities, during the term 1/1/09 – 12/31/09, I, for myself, my personal representatives, assigns, heirs, and next of kin: 1. I ACKNOWLEDGE, agree and represent that I understand the nature of Rowing Activities, both on water and land based, and that I am qualified, in good health, and in proper physical condition to participate in such Activity. 2. I FULLY UNDERSTAND that: (a.) ROWING ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis and death (“Risks”); (b.) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releasee named below; (c.) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity. 3. I AGREE AND WARRANT that I will examine and inspect each Activity in which I take part as a member of PLRA and that, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction. 4. I HEREBY RELEASE, discharge, and covenant not to sue USRowing, PLRA, their administrators, directors, agents, officers, volunteers and employees, other participating regatta organizers, any sponsors, advertisers, and if applicable, owners and lessors of premises, on which the Activity takes place, (each considered one of the Releasees herein) from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Release or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as a result of such claim, to the fullest extent permitted by law. I also affirm that I have the ability to swim 100 yards and thereafter to tread water for 4 minutes. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. Printed Name: _____________________________________________________________________________ Signature: (only if age 18 or older) _________________________________________ Date: _____________
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